Agenda item

Following Decision E 3201 on July 22nd to run an open procurement exercise to seek a new operator for the Approach Golf Course site this report sets out the process followed and makes a recommendation to appoint a preferred bidder.

The decision also resolved to delegate to the Director of Environment authority to appoint a contractor in accordance with the Council’s prescribed governance and procurement process in consultation with the Cabinet Members for Finance and Communities

Once a preferred bidder is appointed they will engage with the local community on their proposals before final contracts are signed to consider refinements to their tender.  The tender will however have to remain substantially similar to that submitted and evaluated.

Councillor Lucy Hodge addressed the Cabinet by saying that the Cabinet would be making a significant decision on Approach Golf Course.  Councillor Hodge said that the Cabinet made a decision in July 2020 on Approach Golf Course indicating that the site would continue to operate as 18-hole golf course.  However, the residents were very concerned that the decision on the new operator of the site was not consulted with the residents, and the residents had little warning on what was happening.  Councillor Hodge invited the Cabinet not to ignore the petition of 4,000 signatures, asked the Cabinet to listen what the residents have to say at this meeting and put a pause on the decision for the time being.  Councillor Hodge urged the Cabinet not to take the decision today.

Councillor Mark Elliottin a statement [a copy of which is attached to the Minutes as Appendix 6 and on the Council's website] invited the Cabinet to listen to the residents and turn down the bid on the Approach Golf Course.

Lynne Fernquest in a statement [a copy of which is attached to the Minutes as Appendix 7 and on the Council's website] said that Bath Rugby Foundation has been using this site for many years and their disabled students have received the greatest benefit from this affordable space, and it would be a huge blow to lose it.

Patricia Ludlam in a statement [a copy of which is attached to the Minutes as Appendix 8 and on the Council's website] urged the Cabinet not to award the contract yet but engage with local residents who have so much interest and help to offer.

Ben Reed in a statement [a copy of which is attached to the Minutes as Appendix 9 and on the Council's website] also urged the Cabinet to note the residents’ concerns for the Approach Course that has been seen over recent weeks (with the petition of 4,000 plus signatures) and honour their commitment to retain golf on the site.

Peter Langley addressed the Cabinet by saying that his family has been in Bath for a long time, and that High Common has been one of the favourite sites for them.  Peter Langley said that Council’s planners and conservationists should be involved in the planning around this site, in particular on its use.  Peter Langley also pointed out that the application has been made to Heritage England to have the High Commons listed.  Peter Langley also urged the Cabinet not to make the decision today.

Sally Parkes in a statement [a copy of which is attached to the Minutes as Appendix 10 and on the Council's website] urged the Cabinet to listen to our local Ward Councillors, to listen the Bath residents’ wishes, and keep status quo of the Approach Golf Site.

Justin Draeger in a statement [a copy of which is attached to the Minutes as Appendix 11 and on the Council's website] urged the Cabinet to reject the bid and pause its decision, consult with the residents and keep the status quo of the site until a proper public consultation is conducted.

Emilio Pimentel-Reid in a statement [a copy of which is attached to the Minutes as Appendix 12 and on the Council's website] invited the Cabinet to reject the bid and engage with the residents before making its final decision.

Lyn Jacobs in a statement [a copy of which is attached to the Minutes as Appendix 13 and on the Council's website] asked the Cabinet to reject the bid, consult and listen to local people, conduct research on the future of golf post pandemic, and keep low level maintenance until an equitable solution is reached.

Robert Sumner in a statement [a copy of which is attached to the Minutes as Appendix 14 and on the Council's website] urged the Cabinet to reject the only bid which has been made for the Approach Golf Course and to pause the whole process of finding a solution / operator for the Course, at least until the pandemic has come to an end.

Rachael Hushon in a statement [a copy of which is attached to the Minutes as Appendix 15 and on the Council's website] as a Chair of Lansdown Crescent Association asked the Cabinet to  listen to Ward Councillors, pause and maintain the High Common in the current state by way of low level maintenance until Covid restrictions are lifted, and economic conditions become clearer, and do not rush the decision.

The Chair thanked all speakers who addressed the Cabinet on this matter.  The Chair informed the meeting that the Cabinet has agreed to hold the debate in open/public session for this item.  If any of the Cabinet Members were minded to refer to any information from exempt documents, then the Cabinet would move into exempt session.

Councillor Paul Crossley introduced the report by reading out the following statement:

‘I want to start by thanking all the speakers and those who have written to me with their views on the future of the Approach golf course. Your passion and respect for the value of this area is evident.

Whilst the decision on the future of the High Common is delegated to the Cabinet Member, I have always made clear that this matter must be considered in an Open Cabinet meeting to enable public participation in the process.

This evening’s Cabinet meeting is about whether or not a ‘preferred bidder’ is appointed. If one is appointed, they will be required to engage meaningfully with the Community before any final decision is made.  So, as you can see, there will be public engagement, whatever the Cabinet decides today.

For those who are not familiar with the process, I want to explain that, to ensure a fair and legal process, the Council is not able to comment during a live procurement – which is the current position. If we had been allowed to comment, we could have corrected the false myths and misunderstandings of our intentions.

I would like to highlight a few points in relation to these:

- There has never been any intention to prevent public access to the Approach

- There has never been any intention to limit any other recreational activities enjoyed by those using this space.

- There has never been any intention of selling the Approach

- The only intention was to enhance this important part of the green infrastructure for the city for all residents and visitors and for the environment

The Council has run a robust procurement process to find a golf or golf derived operator for the site.  We have sought bids that, as a minimum, maintain community access to the site, but with a view to securing an operator who would enhance the facilities.  We have proactively engaged with golf companies.

This is the second time a procurement process has taken place for a viable golf solution at the Approach. This was done in 2015 and again in 2020.

Despite these proactive actions, no viable golf bid has been received.

We will later debate the Council’s challenging Medium-Term Financial position.

Discretionary services, such as leisure, must aim to deliver financially sustainable solutions. Golf at the Approach has required significant subsidy from the Council for some time now.  Any outcome from today must be affordable, meet the Council’s desired outcomes, as well as the needs of the Community.

I know my Cabinet colleagues have considered the Tender report. I would like to thank again the Community and Cabinet for the comments and contributions to the discussion.’

Councillor Paul Crossley moved the following recommendations:

1)  That whilst the bid in the report is proceedable, the Cabinet are not satisfied that there are sufficient benefits to commit to a long-term solution and will not be appointing Company A.

2)  That the High Common is retained as public open space which should increase the range of informal uses on the site.

Councillor Richard Samuel seconded the motion by saying that the Council has followed a scrupulous public procurement process that is governed by current UK Law.  It was not legally possible for the Council to issue a public document on a tender process during its course. Councillor Samuel said that he has worked alongside Councillor Crossley to ensure that a fair, legal, and transparent procurement process had taken place. This was an open tender process which means that, unlike restricted tenders where a particular outcome is sought, the Council was seeking market interest in the provision of services to the two former golf courses, one of which was at the High Common.

Due to the pandemic, and due to declining interest in golf, the golf courses became loss making sites, and the purpose of the tender was to seek interest in alternatives. Nevertheless, the brilliant provision of golf services was not ruled out, and indeed efforts were made to encourage tenders to submit the relevant applications.  The resident should be in no doubt that this space was not under threat from development, or restrictions; it would remain as public open space available to all to enjoy in perpetuity.  Councillor Samuel concluded by welcoming residents’ involvement in the process.

The rest of the Cabinet supported the motion from Councillor Crossley and welcomed the residents’ engagement in the process.  Members of the Cabinet also thanked and Ward Councillors for their statements. 

Members of the Cabinet highlighted the importance of the High Common area to the residents, in particular for their health and wellbeing.

Councillor Sarah Warren asked if Councillor Crossley had any information on the types of chemicals that were usually used to maintain golf greens.

Councillor Crossley responded with the list of chemicals used to maintain golf courses and added that these compounds were not banned, restricted or controlled. 

RESOLVED (unanimously) that the Cabinet agreed with the following decision:

1)  That whilst this bid in the report is proceedable, the Cabinet are not satisfied that there are sufficient benefits to commit to a long-term solution and will not be appointing Company A.

2)  That the High Common is retained as public open space which should increase the range of informal uses on the site.